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Defense says four jurors slept during trial; state and judge cite record finding of one juror excused
Summary
Defense appellate counsel argued multiple jurors slept during the murder trial and that missing video evidence and contemporaneous courtroom observations support relief; the State and the trial judge’s later finding that only one juror slept and was excused formed the State’s response
Mitch Rains, the public defender representing Jonathan Duncan, told the appeals panel that the trial judge stopped proceedings in November 2022 after observing juror fatigue and that four jurors were “full on asleep” during trial. Rains said the contemporaneous observation should carry weight and that a purported video recording of the trial—described in the motion-for-new-trial hearing—has not been filed in the record.
“At trial ... the judge stopped the proceedings, and called both counsel forward and said something to the effect of, I…
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